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§ 2. Recess Authority Later Than a Time Certain on That Day.(13) Before the 102D Congress, Re- Cesses in the House Were Taken by 2

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§ 2. Recess Authority Later Than a Time Certain on That Day.(13) Before the 102D Congress, Re- Cesses in the House Were Taken by 2 Ch. 39 § 1 DESCHLER-BROWN-JOHNSON PRECEDENTS vote of the House.(11) However, ject to the call of the Chair,(2) or when the hour previously fixed for for a five-minute period.(3) Author- a recess arrives, the Chair has de- ity to recess may be requested clared the House in recess during from the floor and be approved by a division vote.(12) unanimous consent on days set A recess may not be voted by aside to receive a message in per- (4) less than a quorum, and con- son from the President. The unanimous-consent request may sequently the motion for recess is specify the authority for the re- not in order in absence of a mainder of the current day;(5) on a (13) quorum. subsequent day in preparation for All recesses, when declared, are the counting of the electoral indicated with six bells and six vote;(6) at any time during a day lights. If a recess is declared sub- or during an afternoon of that ject to the call of the Chair, three day;(7) during the afternoon of a bells and three lights indicate the subsequent day;(8) at any time on resumption of the session in 15 two or three days during the minutes, while a recess that is de- week,(9) which has been inter- clared to a time certain for less preted as giving authority for than 15 minutes is shown to have more than one recess, one on each ( ) terminated merely by one long of the two designated days; 10 to bell showing that the House is declare multiple recesses during back in session. the remainder of the week or ses- sion;(11) to declare a recess when the Committee of the Whole rises on that day;(12) and to extend not § 2. Recess Authority later than a time certain on that day.(13) Before the 102d Congress, re- cesses in the House were taken by 2. See § 2.2, infra. unanimous consent and not by 3. See § 2.3, infra. motion, no motion to that effect 4. See § 2.4, infra. being privileged.(1) The Speaker 5. See § 2.5, infra. may initiate unanimous consent 6. See § 2.6, infra. without request from the floor to 7. See § 2.7, infra. declare the House in recess sub- 8. See § 2.8, infra. 9. See § 2.9, infra. 11. Id. at § 6054. 10. See § 2.10, infra. 12. 4 Hinds’ Precedents §§ 2955–2960. 11. See §§ 2.11, 2.12, infra. 13. Id. at §§ 2958–2960. 12. See § 2.13, infra. 1. See § 2.1, infra. 13. See § 2.14, infra. 726 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00738 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2 Before the adoption of clause business of the House when noti- 12(b) of Rule I(14) in the 108th fied of an imminent threat to its Congress, there had been in- safety’’ and ‘‘declare an emergency stances where, pursuant to the recess subject to the call of the powers inherent in the Chair in Chair.’’ Clause 12(c) of Rule I(18) case of grave emergency, the authorizes the Speaker, if notified Speaker had called emergency re- by the Sergeant at Arms during ( ) cesses on his own initiative. 15 any recess ‘‘of an imminent im- On Sept. 11, 2001, the House pairment of the place of recon- having convened at 9 a.m. for vening at the time previously ap- ‘‘morning-hour debate’’ and having pointed . in consultation with recessed therefrom until 10 a.m., the Minority Leader — (1) post- as per a previous order of the pone the time for reconvening House, the Speaker pro tempore within the limits of clause 4, sec- terminated the recess at 9:52 tion 5, article I of the Constitution a.m., noting the ‘‘circumstances of and notify Members accordingly; today’’ due to terrorist attacks on or (2) reconvene the House before the United States that morning, the time previously appointed and then, having convened the solely to declare the House in re- legislative day proper eight min- cess within the limits of clause 4, utes earlier than the time pre- scribed, immediately following the section 5, article I of the Constitu- prayer, the Chair declared a re- tion and notify Members accord- cess subject to the call of the ingly.’’ Chair ‘‘for a short time’’ under Before the 102d Congress, the clause 12(a) of Rule I that eventu- motion to authorize a recess was ally exceeded 24 hours.(16) not privileged in the House and At the beginning of the 108th could be entertained only by ( ) Congress, the House adopted unanimous consent, 19 although a clause 12(b) of Rule I authorizing privileged motion to recess was the Speaker (and by extension the permitted by rule from 1880 to Chairman of the Committee of the 1890.(20) Whole pursuant to clause 12 of Pursuant to clause 4 of Rule Rule XVIII),(17) to ‘‘suspend the XVI,(21) a motion to authorize the 14. House Rules and Manual § 639 18. House Rules and Manual § 639 (2007). (2007). 15. See §§ 2.18, 2.19, infra. 19. 8 Cannon’s Precedents § 3354. 16. See § 2.17, infra. 20. Id. at § 3356. 17. House Rules and Manual § 992 21. House Rules and Manual § 911 (2007). See §§ 2.15, 2.16, infra. (2007). 727 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00739 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS Speaker to declare a recess was stitutional constraint that neither given equal privilege beginning in House may (recess or) adjourn for the 102d Congress to the motion more than three days without the to adjourn, or to the motion that consent of the other House. when the House adjourns it stand In the 103d Congress, clause 12 adjourned to a day and time cer- was added to Rule I(24) to author- tain, to be decided without debate, ize the Speaker to declare a recess but only when the Speaker in his subject to the call of the Chair in discretion recognized for that pur- order to ‘‘suspend the business of pose. the House for a short time when This privileged motion was first no question is pending before the offered on Dec. 15, 1995, in the House.’’(25) The Speaker’s declara- form that ‘‘the Speaker may be tion under this clause may follow authorized to declare recesses his postponement of a question subject to the call of the chair under clause 8 of Rule XX be- through Monday, December 18, cause, after postponement, a ques- 1995.’’ On that occasion the Chair tion is no longer pending before ( ) indicated that the motion was the House. 26 A Member’s mere privileged, nondebatable, and re- revelation that he seeks to offer a quired a quorum for adoption.(22) motion to adjourn, in response to The motion authorized the dec- the Chair’s inquiry ‘‘for what pur- laration of numerous recesses dur- pose does the gentleman rise?’’, ing the three calendar-day period does not suffice to make that mo- specified in the motion and was tion ‘‘pending’’ so as to prevent a (27) constitutionally permitted without declaration of a recess. Senate consent under art. I, § 5 of Parliamentarian’s Note: The the Constitution. Speaker has used the authority under clause 12 of Rule I,(28) to re- On Dec. 21, 1995,(23) a privi- cess the House overnight with ir- leged resolution reported from the regular, but increasing, frequency, Committee on Rules was called sometimes to permit a conference up, amended, and adopted. It au- thorized the Speaker to declare 24. House Rules and Manual § 638 recesses subject to calls of the (2007). Chair during three discrete peri- 25. 139 CONG. REC. 49, 103d Cong. 1st ods, each consistent with the con- Sess., Jan. 5, 1993. 26. See § 2.23, infra. 22. Speaker pro tempore James Longley 27. See §§ 2.22, 2.24, infra. (ME). See § 2.20, infra. 28. House Rules and Manual § 638 23. See § 2.21, infra. (2007). 728 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00740 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2 report to be filed, then after a fur- announced that further consider- ther recess, usually to permit the ation of the bill would be contin- Committee on Rules to meet and ued the next day. file a privileged report on the first The SPEAKER. The question is on legislative day (albeit sometimes the engrossment and third reading of the bill. the next calendar day) and then Mr. [John Bell] WILLIAMS. Mr. to adjourn to the next legislative Speaker, I demand the reading of the day on that same calendar day in engrossed copy of the bill. order to consider the special order The SPEAKER. The further consid- eration of the bill will go over until to- of business under clause 6(a) of morrow. Rule XIII(29) without the necessity Mr. [Paul] JONES of Missouri. Mr. for a two-thirds vote. There is no Speaker, would it be in order to make a motion to vote on the engrossed copy time period attached to the term of the bill at 7 o’clock this evening? ‘‘short’’ in clause 12 of Rule I. For The SPEAKER. That motion would example, ‘‘short’’ recesses in ex- not be in order.
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